Roped Into Hate Crime Charges: The Troubling Arrest of a Journalist Covering a Gaza Protest
Introduction:
In a shocking violation of press freedoms and First Amendment rights, a New York City video journalist, Sam Seligson, was arrested on felony hate crime charges for his alleged involvement in documenting a pro-Palestine protest action. While the charges against Seligson are related to his presence during the incident, rather than any direct participation, the case raises concerns about the criminalization of journalism and the suppression of Palestinian solidarity.
The Incident and Charges:
According to the charges, Seligson, a credentialed independent videographer, filmed a small group of people graffitiing the homes of Brooklyn Museum officials with pro-Palestine, anti-Zionist slogans. The museum leaders were accused of complicity in Israel’s war on Gaza. While no one is suggesting that graffitiing private property is legal, the decision to categorize the act as a felony hate crime is seen as a troubling overreach.
Targeting Individuals or Institutions?
It is important to note that the homes targeted did not belong to Jewish individuals, and the action was not motivated by anti-Semitism. The graffiti was aimed at individuals in leadership roles at the Brooklyn Museum, an institution that has been a site of antiwar protest. Conflating the museum’s ties to Israel with Jewish identity is offensive and perpetuates the harmful conflation of anti-Zionism with anti-Semitism.
The Repressive Treatment of Palestinian Solidarity:
The hate crime charge against Seligson is part of a broader effort to treat Palestinian solidarity as inherently anti-Semitic. By enhancing the criminal charges, authorities are attempting to turn political activism into a legal offense. This repressive approach not only undermines freedom of expression but also stifles the voices of those advocating for Palestinian rights.
The Role of Journalism:
Seligson’s arrest raises crucial questions about the role of journalists in documenting events, even those involving unlawful activities. Robert Balin, an attorney who has represented photojournalists arrested during the George Floyd uprisings, emphasizes that documenting events as a journalist is not a crime but a crucial aspect of journalism itself. The prosecution has not provided reliable evidence that Seligson was present during the incident, and even if he was, his mere presence should not be considered criminal activity.
Chilling Effect on Journalism:
The charges against Seligson risk creating a chilling effect on journalistic activity. When journalists can be held criminally responsible for observing and documenting unlawful incidents, it undermines their ability to report on important events. This case sets a dangerous precedent that threatens not only journalistic freedom but also the public’s right to access information.
The Symbolic Red Triangle:
The hate crime charges against Seligson are based on the use of an inverted red triangle, a symbol associated with Palestinian resistance and Arab unity. While the symbol has been used by Hamas’s military wing, it does not inherently carry anti-Semitic connotations. Charging individuals based on the use of a symbol widely recognized in the context of Palestinian solidarity is a spurious justification for hate crime charges.
The Need to Protect Journalistic Activities:
Under the First Amendment, Fifth Amendment, and the New York Shield Law, journalists have no legal obligation to share information about the participants in the events they cover, even if they involve unlawful conduct. Seligson’s arrest and the subsequent charges raise concerns about coercive tactics used to compel journalists to reveal information, setting a dangerous precedent for press freedom.
Conclusion:
The arrest and hate crime charges against journalist Sam Seligson for documenting a pro-Palestine protest action highlight the need to protect press freedoms and the right to observe and report on events without fear of prosecution. The case not only raises concerns about the criminalization of journalism but also underscores the ongoing efforts to suppress Palestinian solidarity. It is crucial to recognize the distinction between legitimate activism and anti-Semitism to ensure a just and free society.
